Machines Inventing Machines:

Artificial Intelligence and Patent Law

Concepts: Patent Law, Artificial Intelligence, AI, Invention, Innovation, Technology, Intellectual Property

In this episode we talk about artificial intelligence in the world of invention. My guest recently co-wrote an article for the Journal of Robotics, Artificial Intelligence & Law about a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings — not machines — can be named as inventors under U.S. patent law. The decision applies a straightforward interpretation of patent statutes, our guest says.

Beyond invention, what about that initial spark of innovation? What about the decision might make it difficult to obtain intellectual property protection for inventions generated by advanced AI systems? Isn’t AI kind of like using computer modeling? Don’t inventors already get considerable assistance from technology? What did the court say about all that?

Joining me to answer these questions is Robert A. McFarlane, an intellectual property litigator and registered patent attorney and partner with Hanson Bridgett LLP in San Francisco. Rob chairs the firm’s technology practice, co-chairs its IP practice, litigates and advises on a variety of IP matters in the U.S. and abroad, and teaches patent law at the University of California College of the Law San Francisco (formerly Hastings College of the Law). Rob earned his J.D. from the University of California College of Law San Francisco and his B.A.S. with departmental honors, in Industrial Engineering & Political Science from Stanford University.

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This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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Robert A. McFarlaneHanson Bridgett LLP

Rob is a registered patent attorney who chairs the firm’s Technology practice and co-chairs its Intellectual Property practice. His litigation practice focuses on patent infringement and licensing disputes, trade secret misappropriation, technology-related commercial matters, and software performance disputes. He also counsels clients on a wide range of intellectual property matters relating to licensing negotiations, trademark and copyright, unfair competition, and trade secrets.

He has argued cases before the Federal Circuit and the California Courts of Appeals, and represents clients in courts throughout the United States, including leading patent litigation venues in the Eastern and Western Districts of Texas, the Eastern District of Virginia, the Northern District of Illinois, the District of Delaware, and the Northern and Central Districts of California. He has been retained as an expert witness in U.S. patent law in a matter pending before the High Court of England and Wales, and is experienced in private arbitrations, inter partes review before the Patent Trial and Appeal Board (PTAB), and infringement matters in the International Trade Commission (ITC).

Rob is a recognized thought leader in intellectual property law and is past-president of the San Francisco Intellectual Property Law Association. He teaches patent law as an adjunct professor at the University of California College of the Law San Francisco (formerly Hastings College of the Law) and has taught patent litigation and intellectual property courses at Golden Gate University School of Law and copyright law in an LLM program offered at Santa Clara University School of Law.

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